Link Parking residently PCN

Redx

lillianjcharlotte wrote: »

So I!!!8217;m going to court.
Received the documents today - Court is in England and I!!!8217;m based in Wales.

how do you work that out ?

I doubt that your local court has been allocated yet

you need to read through post #2 of the NEWBIES FAQ sticky thread, carefully, and sort out this DQ stage (if that is the stage you are at) and also your defence has already been put to the court surely ?

if you have not emailed your defence, then you have no idea which court it will be heard at because it has not got that far yet because I believe that the documents you received were the MCOL, that kicks off the process

lillianjcharlotte

I just assumed due to what was on the paperwork. This is my first experience with something like this and its nerve racking.

I havent emailed my defence yet, or acknowledged anything. I just received the letter today.

Coupon-mad

So read the second post of the NEWBIES thread, I wrote it for people just like you - and they win!

The pictogram guide to AOS that I link there was done by another PCN fighter lady, neither of us are legally trained, both just middle-aged Mums who hate this 'outrageous scam' (Hansard 2.2.18)

lillianjcharlotte

Thank you Coupan-mad!

I read through the thread. I've drafted a rough defense. Followed the templates in the newbies thread - tried to reword it and amend it to fit my situation.

Wasn't really sure what was the best route to go down. I've put in there about my email to gladstones where I 'admitted' liability. Figured it was best to get in front of that since that's the only thing they have to go on.

Hopefully it's headed in the right direction!
Also, thank you again to everyone who has helped me and offered advise throughout all this!

Preliminary

1. The particulars of claim are not specific. The defendant reserves the right to seek permission from the court to serve an amended defence should the claimant add to or expand his particulars later in these proceedings.
2. The particulars of claim fail to refer to the material terms of any contract and disregard the fact that the land on which the vehicle in question was parked was in fact part of the defendant!!!8217;s lease for the property at which they resided. The defendant further notes that the claimant failed to engage in any pre-action correspondence in accordance with the pre-action protocol and failed to acknowledge numerous documents provided to them by the defendant that evidenced a right to park.
Background

3. It is denied that the defendant is the driver/keeper of this vehicle. The full name and postal address of the driver/keeper was provided during an IAS appeal and the claimant accepted that individual as being liable during the appeal process.
4. It is admitted that the vehicle in question was parked on the land at xxxxx on xxxx
5. It is denied that the vehicle was in breach of any terms of parking on the land as it was parked within the confines of an allocated space, with permission from the defendant
6. The claimant has at no point acknowledged numerous evidence provided by the defendant to show they are not responsible for this vehicle
7. The defendant has been continually harassed by the claimant and threatened with legal action, despite having provided evidence of a right to park and evidence that the vehicle was not driven or registered to them. The claimant has also requested the defendant to assist them in identifying the driver/keeper (after accepting it was not the defendant during the IAS appeal stage)

Authority to Park and Primary Contract

8. It is denied that the vehicle in question was in breach of any parking conditions. Permission was provided to the driver/keeper by the defendant to use the space in question and the vehicle was parked within the confines of the space detailed in the lease documents of the rented property. These documents were provided to the claimant during pre-action correspondence. An express permission to park had been provided to the defendant when they entered into a rental agreement for a property on the land in question. The defendant avers that there was an absolute entitlement to park deriving from the lease, which cannot be fettered by any alleged parking terms. The lease terms (granted to the tenant by the leaseholder) provide the right to park a vehicle within an allocated bay, without limitation as to the type of vehicle or owner of the vehicle.
The defendant had been given a right to the quiet enjoyment of the space during their tenancy at the land in question and at no point were instructed that parking permission needed to be granted by a third party
9. The defendant avers that the claimant signs cannot override the existing rights enjoyed by residents and their visitors
Accordingly it is denied that:
9.1. There was any agreement between the driver/keeper of the vehicle and the claimant. There is also no agreement between the defendant and the claimant, given that the defendant was not driving and is not the registered keeper
9.2. There was any way for the driver/keeper or the defendant (who had been appealing on their behalf) to dispute any breach of contract, which will be detailed within the !!!8216;Alternative Defence!!!8217;
9.3. The claimant has suffered loss or damage or that there is a lawful basis to pursue a claim of loss
Alternative Defence
10. The defendant avers that the land relating to this claim is a residential site, not a commercial one and so there is no value to be protected. The claimant suffered no loss, financial or otherwise when the defendant allowed their space to be used by a visitor to their property.
11. The defendant avers that the method which the claimant chooses to verify parking within the land in question is inadequate. Permits are not required on this land and instead the claimant requests residents register their vehicles on an online portal. The defendant has frequently offered evidence to the claimant during pre-action that showed the portal to be inadequate as it does not provide any proof of registration. The defendant finds it unlawful of the claimant to be knowingly using a vehicle registration method that does not give a resident/visitor any opportunity to defend themselves when a parking charge is incurred as they are not given any proof of parking (ticket, permit, confirmation code)
12. The defendant has, on numerous occasions, provided the claimant with proof that the vehicle in question was parked with permission in an allocated space provided to the tenant (by way of a lease not the claimant) during their tenancy.
Denial of Liability
13. It is again denied that the defendant is the driver/keeper of this vehicle. On the date the charge in question was appointed the defendant admits to contacting the claimant to discuss the charge. As the defendant has a right to the space and had registered the vehicle in question for their visitor they informally advised that they !!!8216;received a parking charge!!!8217; and since that moment (despite providing evidence to the contrary) the claimant has used that statement to harass the defendant with threats of legal action and increased costs.
14. The defendant wants it to be known that the statement !!!8216;I received a parking charge!!!8217; was an informal one and was meant in the literal sense as their visitor (the driver/keeper) had handed them the charge and requested they deal with it on their behalf. Given that the claimant was employed to manage the land in the interest of protecting the residents it is not unreasonable for the defendant (a resident) to contact them informally and expect them to be reasonable and cancel the ticket, especially since they were provided with ample evidence to show the defendant had a right to that space
15. The defendant would like it to be known to the court that they provided the full name and postal address of the driver/keeper during the IAS appeal stage. That person was named as the appellant and the claimant acknowledged and accepted that fact. Given that the claimant has previously agreed to a third party being liable for this charge the defendant feels it is unjust for them to have legal action brought against them for something they are not liable for. The defendant provided screenshots of the appeal stage to the claimant!!!8217;s representation as evidence of no liability, however the claimant would have had access to the appeal and would have seen that it showed the defendant was !!!8216;appealing on behalf of!!!8217; a third party. It is reasonable to assume (especially given that a name and address for the third party was provided) that the claimant would have been aware that the liability for the parking charge was not with the defendant. The claimant also agreed that the appellant was not the defendant during the appeal.
Statement of Truth
I confirm that the contents of this defence are true

Coupon-mad

I am a bit too busy to look yet but others will comment too.

As a start, give 'Claimant' and 'Defendant' a capital letter throughout.

Redx

lillianjcharlotte wrote: »

I just assumed due to what was on the paperwork.

the paperwork does not say anything about which court it will be at

it does mention that it is from a government office in Northampton , their Business Centre that deals with bulk civil claims for england and wales county courts

you are probably aware the government have various offices around the country manned by civil servants , this is just another one, just like the DVLA in Swansea or the Pension Centre up near Washington , tyne and wear

the NEWBIES faq sticky thread does tell you all about this, and a google search also yields basic information on how this centralised system works

its just an office, it is NOT a court , it is most definitely not the county court in Northampton as the 2 addresses are totally different (google them)

you have an MCOL, which is stage one

your local county court will be where it is allocated

lillianjcharlotte

I saw the address and made an assumption - this is a new experience for me and I panicked.

It’s now been established that it is not allocated and yes, I am aware the government have various offices. Again, like I said, I panicked and posted a quick reply to the thread for guidance.

I’ve read the newbies thread and have now drafted my defence using the advice on there.

nosferatu1001

If your defence is drafted already, please show it here for critique. There will be areas that can be improved upon.

Le_Kirk

nosferatu1001 wrote: »

If your defence is drafted already, please show it here for critique. There will be areas that can be improved upon.

It's posted in post #85.

Coupon-mad

Bumping for comments on the defence shown in post #85.